Jose Baez is the lead counsel in the case and will probably question or cross-examine most of the witnesses. Sorry, I am watching the proceedings from the television station and have not noticed Mr. Mason interacting with Casey Anthony. -- Judge O.H. Eaton

Could Past Statements Lead To Problems?

Dear Judge Eaton: In a May 23 letters section, you answered a question regarding Casey taking the stand and what the prosecution could ask. You mentioned that she could be impeached in a variety of ways, including inconsistent past statements. Does this mean the prosecution could ask her about statements she made to her family and friends about Zanny, Universal, George Anthony?s stroke and what she said to the police on July 15-16 even if the defense does not bring up these issues? -- Marie, Troy N.Y.

Yes, of course. A written statement is better to use for impeachment than an oral one. If the witness denies making an oral statement, the cross-examiner will have to call a witness to establish the statement was made. The object is not to have the witness admit one of the statements is untrue. The argument is that the witness should not be believed at all. -- Judge O.H. Eaton

Bench Trial Possible?

Dear Judge Eaton: I know this is after the fact. I was just wondering if it was deemed that an impartial jury could not be seated, could the trial have been a bench trial before the judge? -- Judy

A defendant has a right to a jury trial if she wants one. A defendant can waive a jury trial and be tried by the court, but the state attorney has to agree to that procedure. -- Judge O.H. Eaton

Does Invitation Mean No Premeditation?

Dear Judge Eaton: How is Casey's asking a co-worker to Caylee's upcoming birthday party an indication of no premeditation? It would seem just the opposite. If I was planning something that ominous, I certainly would want to lay the groundwork to make it look as normal as ever and would do exactly that. By creating such a scenario, one would be inclined to think just as you did, at least superficially, which to my way of thinking, makes it almost too obvious. -- J. Gregware, Orlando

Good point. I was assuming the statement was made before Caylee was missing, and I may have been incorrect with the timing. If the statement was made after Caylee was missing, it could have been evidence of a cover-up. -- Judge O.H. Eaton

Why Allow Drowning Talk?

Dear Judge Eaton: How can Judge (Belvin) Perry allow the defense to ask witnesses about Caylee drowning when that assumes a fact not in evidence? -- Catalina, Bradenton

The rules of evidence do not allow questions to be asked that assume facts not in evidence. -- Judge O.H. Eaton

Who Is On Grand Jury?

Dear Judge Eaton: Who sits on a grand jury? -- Paula, Venice, Fla.

The grand jury for each county is drawn from the jury pool summoned on the first Monday of each term or court. There are two terms per year, so the grand jury serves for a six-month period. The grand jury is composed of not less than 15 nor more than 21 persons. The grand jury is an investigative and accusatory body. The Florida Constitution requires anyone who is accused of a capital offense to be indicted (accused) by the grand jury. The state attorney has the authority it prosecute other crimes by filing an accusatory document called an information. The grand jury is also given the responsibility to investigate public officials who may be abusing their office, but this is usually done under the guidance of the state attorney. The grand jury proceedings are secret and are not adversarial. In other words, the person under investigation does not have the right to attend the grand jury proceedings and challenge any of the witnesses who appear. The grand jury returns an indictment if it finds there is probable cause to believe a person has committed a crime. The proof at trial is much higher ? beyond and to the exclusion of a reasonable doubt. -- Judge O.H. Eaton

MORE: Extended CoverageSTAY UPDATED: Casey iPhone App

Why Are Drowning Questions Allowed?

Dear Judge Eaton: I understand that in opening statements each side explains what they believe happened in the case. I believe that the defense can state that the cause of death was accidental rather than murder in their opening statements, but I don?t understand why they can ask questions that assume that this is the case. For example, I think George Anthony was asked if he was in the home when Caylee Anthony drowned in the pool. Doesn't there have to be some evidence presented that would support death by drowning before they can ask questions that assume it is true?

The question to George Anthony was improper because it assumed a fact not in evidence. The trial judge properly sustained the objection. -- Judge O.H. Eaton

Payment For Pictures?

Dear Judge Eaton: There was considerable concern early in the preparation to try the case that Casey Anthony had received money from the media for pictures, etc. It was stated the Florida law prohibits someone from profiting from a crime they committed. A private hearing was held with the defense that seemed to put that issue to rest -- the defense had convinced the judge that there was not an issue. Now, we hear that $200,000 was paid for family photos, etc., and that the IRS is involved for nonpayment of taxes. How is it possible for this payment to have happened considering that the defense and the judge seem to have agreed that there wasn?t an issue with profiting from a crime? I understand that she hasn?t been convicted of a crime, but in this situation, allowing a payment would establish profit for crime if she is convicted. Is it likely that something like the defense setting up an escrow account that would hold the payment until after judgment is rendered would allow it, without potentially violating the profiting from crime law? -- Chip, Satellite Beach, Fla.

Florida Statute 944.512 imposes a lien upon any royalties, commissions, proceeds of sale or any other thing of value earned by a convicted felon and provides for the distribution of those moneys to the dependents of the convicted felon, the victim(s) of the crime, the costs of the prosecution of the case and, if anything is left over, to the Crimes Compensation Trust Fund. The key here is the defendant must have been convicted before the state can seize the funds. -- Judge O.H. Eaton

Can Anyone Involved In Case Profit?

Dear Judge Eaton: Is it possible that anyone closely related to the case can profit? For example, may any jurors, witnesses, either for the state or defense or even the defendant herself, profit from selling their story. I remember the O.J. Simpson case. He was instructed, I believe, that he could not profit. Regardless of how this case turns out, a tiny girl is dead. How could anyone make any money from that? Just doesn?t seem right. -- Rain

See my answer to Chip above. There is no prohibition against jurors, lawyers, witnesses or anyone else profiting from selling their story. -- Judge O.H. Eaton

What Are Rules On Hearsay?

Dear Judge Eaton: During the questioning of Anthony Lazzaro on Tuesday, Tony was testifying about something that Casey had told him. I know that Tony was discussing something Casey had told him. The defense objected, stating that this was hearsay. Judge Perry overruled the objection. When the defense was on cross, Jose Baez asked Tony if Casey had ever told him that her father had sexually abused her. The state objected on the grounds that it was hearsay, and the judge sustained the objection. Would this be grounds for an appeal? What are the rules regarding hearsay? -- Karen, Toronto, Canada

The law of hearsay is complex, and I cannot explain it all here. I will try to explain when the statements of a defendant are admissible. A statement made out of court by a person and offered into evidence to prove the truth of the statement is hearsay and is inadmissible because such statement is inherently unreliable and cannot be the subject of cross-examination. There are many exceptions to that rule. One of the major exceptions is the statement of a party opponent. In criminal cases, the defendant is a party opponent, so the prosecutor can ask a witness about any statement the defendant made. On the other hand, the defendant cannot offer her own statement through a witness because the statement is not a statement of a party opponent and is hearsay unless another exception to the hearsay rule applies. For instance, a spontaneous statement that describes or explains an event while the witness is perceiving it is an exception. Another exception is an excited utterance such as statements made during some 911 calls. Finally, statements made for the purpose of diagnosis or treatment to a medical provider are allowed because it is assumed these statements are trustworthy. -- Judge O.H. Eaton

More Sidebars In Capital Case?

Dear Judge Eaton: Are there more sidebars in a death penalty case? -- Jan

Yes. These cases take longer to try and the issues are more complex. Defense attorneys are expected to make all objections they feel are proper in order to preserve possible issues on appeal in the event there is a conviction. --Judge O.H. Eaton

Sexual Abuse Allegations?

Dear Judge Eaton: With the allegations of sexual abuse with (so far) nothing to back up the claim, could George Anthony file a lawsuit for slander or libel against Mr. Baez? -- Brian Ledford, Apopka

Statements made during a court proceeding are absolutely privileged and cannot be the basis for a civil action for damages. -- Judge O.H. Eaton

Admit Jailhouse Letters?

Dear Judge Eaton: If the defense introduces jailhouse letters alleging sexual abuse, can the state then introduce the interview with Maya D. alleging use of chloroform? -- Bailey, Louisville, Ky.

Jailhouse letters are hearsay and inadmissible unless they meet an exception to the hearsay rule. See my answer to Karen above. Maya D. would have to testify if the state wants to introduce a statement of the defendant through her. -- Judge O.H. Eaton

Appeal For Mistrial?

Dear Judge Eaton: Can only Judge Perry allow for Casey to have a mistrial? Or can they file for an appeal elsewhere? -- Jaime, Gaithersburg, Md.

Only the trial judge can grant a mistrial. If there is a conviction in the case, the defendant can appeal and, if successful, the appellate court can order a new trial. -- Judge O.H. Eaton

What If Cindy Claims Fifth?

Dear Judge Eaton: If Cindy pleads the Fifth (Amendment) concerning the sexual abuse theory, how is the jury instructed to take that? Make up their own mind or ignore it? -- Jodi, Canada

The state is not allowed to call a witness knowing the witness will refuse to testify. Cindy Anthony has testified in the case during pretrial hearings and has had her deposition taken, so I doubt she will invoke the Fifth Amendment. If the state calls a witness who refuses to testify, the trial judge can instruct the jury to ignore the witness or grant a mistrial. -- Judge O.H. Eaton

More On Premeditation

A number of viewers have asked about my comment concerning premeditation last Wednesday. Let me explain. The state attorney asked a witness about a conversation she had with the defendant on a date after Caylee disappeared. During the conversation, the defendant invited the witness to Caylee?s birthday party on a date during the following month. If the statement was offered to establish premeditation, it fell short because premeditation (the conscious decision to kill) must be formed before the killing. Of course, if the statement was offered to show a cover up or as part of the circumstantial evidence in the case, it would be admissible for those purposes. Sorry for the confusion. -- Judge O.H. Eaton